Least
Restrictive
Environments
and the IEP
Process
By: Taylor Stemple
What is an
LRE?
LRE stands for Least Restrictive Environment. It
ensures that special education students are placed
in mainstream classes as much as possible
An LRE allows special needs students to have the
accommodations they need, while still having the
most “normal” educational experience possible
An LRE is not a place, but a principle that follows
the child in the educational program (Morin, 2022)
LREs may look different based on the child,
because all children are different (Morin, 2022)
Why is an LRE important?
Often, when people think of “special education“, they think of
separate rooms or classes. However, unless absolutely necessary,
it is better for a special education student to stay in the mainstream
classroom
In order to get an LRE, the student must have an IEP (individualize
education program) explaining why the LRE is conducive to
learning
What does the law say about an
LRE?
There are 2 important requirements when placing a student in an LRE:
• A child with an IEP should be placed with kids in general education to the “maximum
extent that is appropriate”
• “Special classes, separate schools, or removal from the general education class
should only happen when a child’s learning or thinking difference — a “disability”
under IDEA — is so severe that “supplementary aids and services can’t provide the
child with an appropriate education” (Morin, 2022).
• There is no standard LRE, because all children have
different accommodations that are necessary to give
them the best learning environment possible
LREs can vary
between
children,
because all
children are
different
• Common LRE scenarios can include:
• General education classrooms with support- the
child spends the entire day in the general classroom
with supports such as tutors or aides, assistive
technology, accommodations, etc.
• Partial mainstream/inclusion classes- the child
spends part of the day in the mainstream classroom,
with individualized or small-group assistance, or is
pulled out altogether
• Special education classes- a program with
specialized instruction for students with similar
learning needs
• Specialized programs outside of school, including
private schools, hospital programs, etc. (Morin,
2022).
The IEP
Process (5
steps)
1) Initial referral for special education- this referral can
be made by the teacher or guardian. They must send a
written request to the school’s Committee on Special
Education (CSE). The district has 60 days to move
forward with the evaluation. The guardians will receive a
written explanation on why their student is suspected to
need services, and parents must give consent before the
district can continue. (Da Vinci Collaborative, 2017)
2) Evaluation process- the district is required to use
unbiased forms of assessment to avoid discrimination
based on race, culture, or native language. They must
use multiple types of assessment, one is not sufficient.
The evaluation must identify all special education needs
(Da Vinci Collaborative, 2017)
The IEP
Process
(cont.)
3) Determining eligibility for special education- After the
evaluation, the guardians must come to a CSE meeting to
discuss the findings. Based on the evaluation, the CSE
determines whether the child has a disability which can
impact their learning. The meeting must include a parent or
guardian, the student (if it is deemed appropriate), a special
education teacher, the school psychologist, a teacher, an
additional parent, and a representative from the school.
4) Developing the students’ Individualized Education Plan
(IEP)- if the student is deemed eligible, the school will create
an IEP in the LRE for the student. All aspects must be
considered- the child’s strengths, test results, concerns from
parents and teachers, and the individualized needs of the
student (Da Vinci Collaborative, 2017)
5) Implementation of services and annual
review- the services agreed upon must be
implemented in the appropriate amount of
time. The school must write the IEP, and
ensure that all aspects of the IEP are carried
out by all teachers. Parents are given a copy
of this plan.
The IEP
Process
(cont.)
Annual review- At least once a year, the plan is
reviewed to ensure the student is receiving the
best educational experience possible, and no
changes are necessary. Data should be
collected to show growth and progress
Reevaluation- Every three years, the student
will be tested again to see if they still need an
IEP, and that the IEP is still effective
Special
Education
Law in ELL
or Dual
Language
Educational
Systems
School districts across American are
seeing an increase in ELL populations,
who cannot speak, write, or read English
well enough to remain in the mainstream
population of students without support
services
Without appropriate addressment of
students’ gaps in education, ELLs are at
risk to lose the educational opportunities
presented to mainstream students (Office
for Civil Rights, 2020)
Special
Education
Law in ELL or
Dual
Language
Educational
Systems
(Cont.)
The Office for Civil Rights (OCR) is responsible for enforcing Title VI of
the Civil Rights Act of 1964, which prohibits discrimination based on
race, color, or national origin (US Department of Education, 2020).
Often, ELLs can be overlooked for having a learning disability, because
administration can say their deficit is due to the language barrier
It is important for educators to walk the fine line between sending ELLs
to special education for having a language barrier, and ignoring the
needs of ELLs because of the language barrier
No one system is better than another for ELLs with special needs,
because each child is different. It is important to assess the needs of the
individual child, and accommodate them to the best of the school’s
ability, while still providing a “normal” educational experience
DaVinci Collaborative, (2021, July 7). The five steps of the
Special Education Process. DaVinci Collaborative. Retrieved June 8,
2022, from https://www.davincicollaborative.com/2021/07/07/the-fivesteps-of-the-special-education-process/
MCGOVERN, M. (2015). Least Restrictive Environment:
Fulfilling the Promises of Idea. Widener Law Review, 21(1), 117–137.
Resources
Morin, A. (2022). What is least restrictive environment?
Understood. Retrieved June 8, 2022, from
https://www.understood.org/en/articles/least-restrictive-environment-lrewhat-you-need-to-know
US Department of Education (ED). (2020, January 16).
Developing ell programs: Legal background. Home. Retrieved June 8,
2022, from https://www2.ed.gov/about/offices/list/ocr/ell/legal.html